testamentary capacity

testamentary capacity

n. having the mental competency to execute a will at the time the will was signed and witnessed. To have testamentary capacity the author of the will must understand the nature of making a will, have a general idea of what he/she possesses, and know who are members of the immediate family or other "natural objects of his/her bounty." Inherent in that capacity is the ability to resist the pressures or domination of any person who may try to use undue influence on the distribution of the testator's (will writer's) estate. (See: will, undue influence)

Those witnesses will likely almost always testify that the testator had adequate capacity, either because they were official 'legal' witnesses to the will-and therefore had to ensure that he or she had capacity-or because they would not have permitted the will signing to go forward absent their belief that the testator had testamentary capacity," he explains.

He had been entitled to conclude that the evidence in favour of Mrs Parker having the required testamentary capacity to change her will was 'so overwhelming' that it would be 'wasteful' to allow Mark Parker to proceed with his challenge any further.

However, John Randall QC, for Ms Dooney, said: "Where, as here, prior instructions for a will are proved to have been given by an intending testator with full testamentary capacity, there is no absolute rule of law which requires that such capacity must also be separately proved at the time of the execution [of the will].

The material is contained in 3 volumes, with sections on testamentary capacity and power, execution and revocation of wills, probate of wills, the appointment and qualification of executors and administrators, assets and inventory, and will forms, among other topics.

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